Torts and Cyber Torts
The Cardigans through CARDWARE have introduced a new “Let’s Keep Warm” matching clothing line for toddlers and children up to age six and their dolls. The clothing line is unique as the sweaters have charms on them that are suitable for a variety of occasions. For example, there are Valentine’s Day sweaters with various hearts attached to the pockets. Included in this newest production are matching clothes for dolls that have the exact small charms and buttons that the toddler/children line has on them. Kendra, a 4-year old was given a sweater for her and her doll for her birthday. One of the charms, a birthday cake, fell off of one of the pockets of Kendra’s doll’s sweater, as the stitching did not secure the charm in place. Kendra picked it up and put it in her mouth to show her doll that the cake was delicious. Unfortunately, she began to swallow the charm. Luckily, her mother was walking by Kendra’s room where she was playing and saw the toddler choking. She was able to retrieve the small item from her airway. Kendra, however, is now devastated and not only has a cut in her esophagus from the charm, but is distraught and is having nightmares over her or her doll wearing their matching sweaters.
Determine the following:
Would you report the incident to the Consumer Product Safety Commission? Explain.
Discuss whether you would sue the manufacturer/CARDWARE based on negligence or strict liability.
Identify potential manufacturer defenses. Explain.
Something to Think About: Should there have been a warning placed on the sweater or packaging?
Be sure to respond to the following checklist items:
Discuss whether or not strict liability and/or negligence would apply to the scenario.
Examine the doctrine you would utilize in a lawsuit against CARDWARE.
Discuss the various defenses available under the chosen tort.
If you state the law in your response, be sure to cite your source of information.